Understand what the amnesty for those convicted of the 8th of January defended in Bolsonaro’s act is

One of the central themes of the Bolsonarista demonstration on Avenida Paulista that took place this Saturday (7), was the amnesty for coup plotters convicted of the attacks on the Três Poderes, on January 8, 2023.

The benefit, which guarantees a pardon for criminals who vandalized public buildings, was defended by former president Jair Bolsonaro (PL), by the governor of São Paulo, Tarcísio de Freitas (Republicans), and by other figures who spoke at the event.

A proposed law that defends the pardon of those convicted of undemocratic acts, known as the “Amnesty PL”, is already being processed in Congress. A close ally of Bolsonaro, the president of the Chamber’s Constitution and Justice Committee (CCJ), Caroline de Toni (PL-SC) placed the topic on the agenda of this Tuesday’s session (10).

On the same day, another session of the CCJ is expected to vote on a package of Proposed Amendments to the Constitution that limit the powers of the Federal Supreme Court (STF) — which was also a priority target during this Saturday’s demonstration, mainly with attacks on Minister Alexandre de Moraes.

Bolsonaro had already defended the forgiveness of coup plotters in another event he held in Paulista in February. This Saturday, the former president brought up the subject again and called January 8th a “frame”. He also said that the invasion of the Palácio do Planalto, the National Congress and the Federal Supreme Court (STF) “was never a coup d’état”.

“God wanted me to leave the country on December 30th. Something was going to happen. I had this feeling, but I didn’t know it would be like that”, said Bolsonaro, classifying the episode of depredation as a “catharsis”.

“It was never a coup d’état and we are still seeing people being tried and convicted as members of an armed group that aimed to change our Democratic Rule of Law. And I feel sorry for these people in prison”, concluded the former president, reinforcing the need for the Chamber to approve the amnesty for prisoners on January 8th.

Tarcísio de Freitas, in turn, stated that the amnesty would be a “political remedy” for those convicted of vandalism in Brasília.

“Today we are here, again in the arena, again for a devotion, for a cause. We are here to make a difference: and our cause today is freedom, it is amnesty for those sentenced disproportionately, cruelly. Amnesty, yes”, stated the governor of São Paulo.

Other allies of Bolsonaro who spoke on Saturday also addressed the topic, such as deputy Eduardo Bolsonaro (PL-SP), who mentioned Bahian businessman Cleriston Pereira da Cunha, who died after feeling ill in prison, and Débora Rodrigues dos Santos, reported to the STF for being caught writing the phrase “Perdeu, mané” on the statue of Justice, during anti-democratic attacks in Brasília.

The theme was also present on the t-shirts of allies, such as senators Flávio Bolsonaro (PL-RJ) and Magno Malta (PL-ES), who printed the phrase “Amnesty now! Arrested January 8th.”

Until the beginning of this year, the bill being processed at the CCJ was reported by deputy Sâmia Bomfim (PSOL-SP), who had already published an opinion rejecting the amnesty. However, the parliamentarian was left out of the Commission this year and the rapporteurship passed to deputy Rodrigo Valadares (União-SE), as recommended by Caroline de Toni.

As shown by Estadão, the choice of Valadares was part of an articulation by the leader of União Brasil in the Chamber, Elmar Nascimento (BA), as a gesture of rapprochement with Bolsonarists in the midst of his campaign to succeed Arthur Lira (PP-AL) in the presidency of the House. Valadares is a supporter of Bolsonaro, but also an exponent of a Centrão party, easily moving between even parties within the base of President Luiz Inácio Lula da Silva (PT). The deputy has not yet presented an opinion.

What is amnesty?

Provided for in the Brazilian Penal Code, amnesty is a way of eliminating the punishability of a crime. In other words, it is the granting of a pardon for a crime committed by a Brazilian or group of Brazilians.

The Brazilian Constitution provides that crimes that cannot be amnestied are heinous ones. This list includes crimes such as homicide, child trafficking, rape, genocide, torture, drug trafficking and terrorism.

The vandals who were already convicted on the 8th of January had the sentence imposed on the basis of armed criminal association, violent abolition of the Democratic Rule of Law, attempted coup d’état, qualified damage and deterioration of listed property.

None of these are considered heinous, which leaves room for the proposal discussed in the Chamber and defended by Bolsonarists in Saturday’s event.

How is amnesty approved?

To be valid, the amnesty for those convicted on January 8th must be approved by the National Congress. First, the issue must pass through the Chamber and then the Senate. Once approved by both houses, it is still necessary to be sanctioned by the President of the Republic.

Amnesty is not uncommon in Brazilian political history. In 1979, former president João Figueiredo, the last of the military dictatorship (1964-1985), signed a pardon that affected 4,650 people. The beneficiaries were those who committed political, politically or electorally motivated crimes, in addition to common crimes related to political crimes, in the period from September 2, 1961 to August 15, 1979. The privilege was extended to military personnel who committed crimes of torture and murder during the regime.

According to constitutional law professor Felippe Mendonça, the political process necessary to approve an amnesty, which involves the approval of Congress and the sanction of the president, makes the possibility of the benefit being granted unlikely.

“Even if we had a right-wing president, he would probably only grant the amnesty in this case on the last day of his term, to avoid political wear and tear,” he said.